(1) when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future, and (2) when the mark holder fails to file a statement of use as required by the USPTO. Once a trademark is deemed abandoned the holder has two (2) months from the mailing date of the Notice of Abandonment to file a Petition to Revive the mark. If the mark holder fails to make such a Petition the mark goes back into the public domain (under Federal Law) and any individual is free to use the mark. If the mark holder fails to file a timely Petition his sole recourse is to reapply for a trademark registration. Time is of the essence in doing so because as previously noted other parties are free to begin using the mark and may even file their own trademark applications. Are you in need of services involved with business law near Los Angeles, CA? Our business lawyers at KAASS Law would be happy to help.
The Rev 973 LLC v. John Mouren-Laurens, et al case (Case Number: 2:98-cv-10690-DSF-EX) involves environmental litigation concerning two major sites: the Mouren-Laurens Site (ML Site) and the Leach Oil Site. These sites are accused of causing significant environmental contamination. Rev 973 LLC, along with the ML Site and the Leach Oil Site, are the main parties in this lawsuit. However, the case also includes thousands of potentially responsible parties (PRPs), who play a significant role in the legal proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). This law holds various parties accountable for the cleanup of hazardous waste. In this article, we will explore the lawsuit, the role of PRPs in environmental litigation, and how CERCLA defines and holds them responsible.
The Rev 973 lawsuit claims that the ML Site and Leach Oil Site improperly handled, disposed of, or released hazardous substances. As a result, widespread environmental damage occurred. While the primary goal is to address the contamination, thousands of PRPs are also involved. These PRPs, in accordance with CERCLA, may share legal responsibility for the cleanup.
When starting a new business or launching a startup, one of the most important steps to protect your brand is to file a trademark for your business. This process requires time, effort, and creativity, but with the right approach, you can navigate it easily. In this guide, we’ll walk you through the steps of filing for a trademark, explain the importance of prior research, and offer tips to improve your chances of approval by the United States Patent and Trademark Office (USPTO).
A trademark is a unique symbol, word, or phrase that identifies your goods or services. It helps distinguish your brand from others. Whether it’s your business name, logo, or tagline, securing a trademark protects your brand and prevents competitors from using similar marks. Filing a trademark for your business does more than just protect your identity. It also:
What Is a Court Judgment? Understanding Court Judgments in California Learn what a court judgment is, how it can impact you, and the steps you can take if a judgment is entered against you in California. Get expert legal help at KAASS LAW.
A court judgment is the formal decision made by a court to resolve legal disputes. Whether in a criminal or civil case, a court judgment determines the rights and obligations of each party involved. If a court judgment is entered against you, understanding your options and responding promptly is crucial, especially in California’s complex legal landscape. In California, court judgments are a key part of the legal system, and they can have a lasting impact on your life. The judgment may order you to pay money, stop a specific activity, or take a specific action. The judgment will become legally binding once issued, and failing to comply with it could result in further legal actions, such as wage garnishment, property liens, or even contempt of court charges.
Different cases lead to different types of court judgments. Here are some common types:
Easy nine step guide for Startup or small business owners interested in forming a corporation in California.
Your business name may not be the same as, or deceptively similar to, other corporate names on file with the Secretary of State (limited exceptions apply). Additionally, the name may not contain the words “bank,” “trust”, “trustee,” or related words. Although you are not required to do so, consider registering your business name as a federal and/or state trademark.
Under California law, a corporation must have at least three directors, unless there are less than three shareholders. In that case, the number of directors may be equal to or greater than the number of shareholders. For example, if the corporation has only one shareholder, the number of directors may be one or two. If the corporation has two shareholders, the number of directors may be two (or three, which is the normal minimum). California does not set forth a minimum age or residency requirement for directors. Either the articles of incorporation or the corporation’s bylaws must state the number of directors that will constitute the corporation’s board of directors.
Many people use UberX, a transportation service, to help them get around town. It is much cheaper than a traditional taxi and the cars tend to be nicer too.
What happens though if the driver is negligent and gets into an accident while on transporting a passenger? Even more interesting, what happens if the Uber driver gets into an accident without transporting a Uber passenger? Does Uber or Lyft provide insurance coverage for drivers injured due to a car accident? Does Uber driver's personal insurance policy cover the accident? Can injured passengers sue Uber/Lyft or their drivers? These are just a few questions many Uber, Lyft, and other TNC users are concerned about when involved in an accident while using these popular ride-sharing services.
On New Year’s Eve, a six-year-old girl was struck and killed by an UberX driver in San Francisco. The family sued Uber for wrongful death, but Uber denied liability. Since there were no passengers in the vehicle, the driver was not on duty and was not covered by Uber’s insurance. The family argued that since the driver was logged into the Uber app, he was on the job. At that time, Uber had very strict provisions as to what they are liable for. They only claimed liability between the times that a driver was requested and the fare was paid. This means that if a driver is driving around looking for a fare, they are not considered to be on the job; therefore, the driver will not be covered by.
Many tribal casinos have active insurance policies and have waived their immunity. In these situations, the liability insurer would pay monetary damages. However, it's important to note that Tribal/Indian lands are sovereign entities. Tribal/Indian laws must adjudicate all businesses within their jurisdiction. In summary, the businesses that operate solely on Tribal/Indian lands are not subject to many U.S. laws. Like any other sovereign nation, the Tribes have a right to self-governance.
Due to Tribal/Indian sovereign immunity, it is very difficult to pursue a legal matter against tribal Casinos.
Tribal casinos may be sued in U.S. courts if they willingly waive their immunity. In short, someone must obtain the Tribes' consent to sue them. It seems clear how undesirable it would be to do so. Yet some, like the Navajo, have done so in the past. Some of these tribal casinos have insurance and have waived their immunity in cases where their liability insurer would pay monetary damages. Many tribes have insurance but do not consent to waive their sovereign immunity. Usually, these tribes offer a minimum value for the only to make it disappear.
In California, domestic violence is addressed in the following ways:
Yes, as mentioned previously, an individual can be liable for the tort of domestic violence. Per Civil Code section 1708.6, an individual can be held liable for the tort of domestic violence if the plaintiff proves the following:
Under California law, an injured patient can pursue a medical malpractice claim in California against doctors, physicians, or other health care providers due to negligence.
The claimant must be able to establish the following elements to have a successful case:
Standard of care is a term that refers to the accepted practices and procedures that healthcare providers use when treating a patient and it can vary depending on a different number of factors, such as the patient's overall health or age. A standard of care can be shown through gathering testimony from expert witnesses, such as from another doctor who practices at a similar facility and the same type of medicine.
Some common examples of medical malpractice:
The newborn involved in a fatal accident is a devastating and tragic event that no parent should ever have to endure. Unfortunately, it is a reality that happens all too often, and neglect, abuse, or even intentional harm cause it. In this blog post, we will explore the issue of wrongful death in babies. As well as, the causes, the legal ramifications, and the steps that can be taken to prevent it.
There are many different causes of a newborn being involved in a fatal accident, but some of the most common include neglect, abuse, and intentional harm. Neglect can occur when a parent or caregiver fails to provide the baby with the necessities of life. Abuse can occur when a parent or caregiver physically, emotionally, or sexually harms a baby. Intentional harm can occur when a parent or caregiver deliberately harms or kills a baby.
Neglect is the most common form of abuse of babies, and it can take many forms. For example, a parent or caregiver may fail to provide the baby with proper nutrition, fail to take the baby to the doctor when they are sick, or fail to protect the baby from hazardous situations. Neglect can be just as dangerous as physical abuse, and it can lead to serious health problems and even death.
CERCLA—also known as the Superfund law—is a federal law that Congress passed in 1980. Its purpose is to provide a legal framework for cleaning up hazardous waste sites and making responsible parties cover the costs. Under this law, the Environmental Protection Agency (EPA) can take action to address contamination. Moreover, CERCLA allows federal agencies, states, and Native American tribes to recover damages caused by the release of hazardous substances. Consequently, it empowers communities to protect public health and the environment.
CERCLA provides for two types of responses to contamination:
Short-term removal actions address immediate threats to public health or the environment. These removals are classified based on urgency:
For example, if hazardous chemicals spill into a community, an emergency removal would quickly contain the threat and protect public health.
Long-term remedial actions aim to permanently reduce risks from hazardous substances. These actions typically focus on sites listed on the EPA’s National Priorities List (NPL), which highlights the most contaminated locations. Remedial actions include:
These actions often require more time but lead to a significant reduction in environmental risks.
CERCLA defines Potentially Responsible Parties (PRPs) as individuals or entities that may be liable for contamination. Under this law, PRPs are divided into four categories:
In the Rev 973 v. Mouren-Laurens case, PRPs play a crucial role. Thousands of PRPs may have contributed to contamination at the ML Site or Leach Oil Site. CERCLA holds these parties liable for cleanup costs, even if they did not intentionally or negligently cause the contamination. Additionally, PRPs often face joint and several liability, meaning a single PRP can be held responsible for the entire cleanup cost, regardless of their level of involvement.
If you or your business has been identified as a PRP in an environmental lawsuit like the Rev 973 v. Mouren-Laurens case, it is crucial to seek legal guidance. Environmental litigation can be complex, and the financial stakes are high. At Kaass Law, we have experienced attorneys who can help you navigate the legal process, represent your interests in court, and protect your business from excessive liability. Contact us today to discuss your case and explore your legal options.
While the process may take time, the legal protection it offers is worth it.
Before filing your application, perform a trademark search. It’s vital to ensure no one else has registered a similar mark. If another trademark exists, your application will be rejected, and you’ll lose the filing fee. You can search the USPTO’s database using the Trademark Electronic Search System (TESS). TESS allows you to search for existing trademarks. If a similar mark appears, your application will likely be denied. Consider working with a trademark attorney for a comprehensive search.
The USPTO organizes trademarks into 45 different classes. Each class corresponds to a specific category of goods or services. When you file a trademark for your business, you must select the correct class for your goods or services. Choosing the right class ensures proper protection. For example, if you are filing a trademark for clothing, choose the class for apparel. If you are also offering retail services, you may need to file under a different class. Incorrectly selecting a class could lead to a rejected application.
Once you’ve done your research and chosen your class, prepare and file your application with the USPTO. Your application will include:
You’ll also need to indicate whether you’re already using the trademark in commerce or plan to do so. If you're using it, provide evidence such as product packaging, advertisements, or a website that shows your goods or services. File your application online through the USPTO’s Trademark Electronic Application System (TEAS). The fee typically ranges from $225 to $400 per class.
After submission, the USPTO will review your application. This process can take several months. During this time, they’ll check for any issues or conflicts with existing trademarks. If the USPTO finds any problems, they’ll send you an Office Action outlining what needs to be fixed. You’ll have a limited time to address the issue. If all goes well, your trademark will be published in the USPTO’s Official Gazette, allowing others to object if they think it conflicts with their trademark. Here is the USPTO trademark search page to guide you in conducting a trademark search.
After your trademark is registered, it’s important to keep it active. You’ll need to file documents and pay fees periodically. Trademarks must be renewed every 10 years. Additionally, you may need to submit proof that your trademark is still in use. Failing to maintain your trademark could result in losing your registration.
Researching prior trademarks before you file your application minimizes costs and time. If you skip this step and your trademark is rejected, you won’t get your filing fees back. Proper research ensures your mark doesn’t infringe on someone else’s intellectual property, which helps avoid future legal disputes. Working with a trademark attorney can streamline the process and ensure you meet all the requirements.
Filing a trademark for your business is essential to protect your brand. By conducting thorough research, selecting the correct classes, and following the right procedures, you can increase your chances of approval. If you need help with the trademark process, contact the experienced business startup attorneys at KAASS Law. We specialize in intellectual property law and can assist you in protecting your business. Get in touch with us today to start securing your trademark and protecting your brand!
In criminal cases, court judgments often result in penalties like imprisonment, fines, or probation. These judgments can have serious long-term consequences, affecting not only your criminal record but also future employment prospects. For example, a conviction for a crime such as theft, assault, or driving under the influence (DUI) can lead to significant legal penalties and a permanent criminal record. A criminal court judgment typically includes sentencing, such as the length of prison time, probation, or a fine. These penalties can also include restitution, which requires the defendant to pay back the victim for any losses incurred as a result of the crime.
In civil cases, court judgments typically involve financial compensation or other remedies. For example, if you’re sued for a breach of contract, the court may order you to pay the plaintiff a certain amount of money. Civil court judgments can also apply in cases of personal injury claims, property disputes, or family law matters such as divorce and child custody. Monetary judgments in civil cases may include not only compensation for damages but also interest and court costs. If you lose a civil case, the court judgment may require you to pay these amounts, and failure to do so may result in further legal actions, such as asset seizure or wage garnishment.
If a court judgment is entered against you, it’s important to take action. Here’s how you can respond:
Unpaid court judgments can severely affect your credit score, making it more difficult to secure loans, credit, or rental housing. A judgment can remain on your credit report for up to seven years, which could influence potential lenders and landlords. Paying off the judgment or negotiating a settlement can help resolve the matter and improve your credit report. If you fail to pay the judgment, the creditor may take further steps to collect the debt, such as placing a lien on your property or garnishing your wages. This can complicate your financial situation and prevent you from obtaining new credit or loans.
Time is crucial when dealing with court judgments. Failing to act within the deadlines for filing appeals or requests may make the judgment final, limiting your ability to contest it. If you miss deadlines, you may lose the opportunity to appeal or challenge the judgment, and the debt may become much harder to resolve. If you fail to act, the judgment could also trigger more serious actions, such as wage garnishments, liens, or asset seizures. The earlier you seek legal assistance, the better your chances of resolving the matter in your favor. For more information on what to do after receiving a judgment, check out the California Courts website.
If you’ve received a court judgment in California, it’s essential to understand your rights and options. At KAASS LAW, our team of experienced attorneys is here to help you navigate the complexities of court judgments, whether you're filing an appeal, challenging a default judgment, or seeking a release of judgment. Time is critical, so contact us today to schedule a consultation.
The filing fee is $100. The Secretary of State website has a sample of articles of incorporations with instructions.
California law requires a corporation to create bylaws. There is no set criteria for the content of bylaws, but they typically set forth internal rules and procedures for the corporation, touching on issues like the existence and responsibilities of corporate offices, the size of the board of directors and the manner and term of their election, how and when board and shareholder meetings will be held, who may call meetings, and how the board of directors will function. You are not required to file bylaws with the Secretary of State, but the corporation must keep a copy at its principal place a business.
The filing fee is $25. The Secretary of State’s website has a simple, fill in the blank form for the Statement of Information. Instructions are included. It must be filled within 90 days of filing the articles of incorporation.
Request an Employer Identification Number (EIN) from the IRS. There is no filing fee. If you will be paying at least $100 to an employee or employees in a quarter (this includes corporate officers), you are subject to California employment taxes and must register for a California employer account number within 15 days of paying that $100. You can register for employment taxes and get your account number online using the Employment Development Department’s website. These taxes must be paid quarterly. Whenever you hire an employee in California, you must inform both the IRS and the State of California. The IRS details all of the necessary steps, including verifying work eligibility and withholding allowances certificates, on its page entitled Hiring Employees. You can find information for the state level in the California Employer’s Guide and on the website for California’s New Hire Reporting Program. If you have employees in California, you must carry workers’ compensation insurance. There are other informational returns that you may have to file annually or semi-annually with both the IRS and the state. California imposes an $800 minimum franchise tax on corporation doing business in the state. This minimum tax is separate from any income, self-employment, or payroll tax. For many, this $800 minimum tax could be significant impediment to forming a corporation in California, especially if you have little or no expected income from your online publishing activities. California’s current income tax rate for corporations is 8.84%.
It is a good idea to keep business’s finances separate from your personal accounts. A good way to do this early on is by opening a bank account for your corporation. You will probably need a Tax ID number (EIN), a copy of the articles of incorporation, and a resolution identifying authorized signers if those names are not listed in the articles. Our lawyers in Glendale, Los Angeles, CA can provide you with any sort of legal assistance regarding business startups.
In March of this year, Uber announced that they would be changing their insurance coverage. They would now cover accidents as long as the Uber driver was at fault and logged into the Uber app, even if they were not transporting a passenger. Although this is a big step forward, there are still some provisions to be aware of. Uber’s insurance will only cover the accident if the driver’s personal insurance fails to do so. They will also only cover up to $100,000 in bodily injury and $25,000 in property damage.
UberX is a cheap way to get around town if you need transportation, but it is important to educate yourself on policies and provisions that may affect you. If you are an Uber passenger and are involved in a car accident, it is important to find an experienced personal injury attorney.
Make sure your rights are not violated! Don't settle for pursuing a court case without guidance. Our Glendale auto accident attorneys at KAASS LAW can provide you with any sort of legal assistance you require.
Tribes are also immune from other U.S. laws, including the Americans with Disabilities Act, Age Discrimination in Employment Act, and all other discrimination laws. Because of tribal immunity, any suit accusing a tribal business of discrimination under these laws will be thrown out of court.
Tribes have tribal courts. However, they do not provide the same level of protection and rights as one would get under the laws of the United States.
Second, authorities treat criminals on tribal lands a little differently. Unless we are dealing with a “major” crime, tribal courts have authority over all crimes committed in their jurisdiction. Thankfully, the “Major Crimes Act” states that any major felony on tribal lands is within the jurisdiction of the United States Federal Courts.
So next time you’re planning a trip to an Indian/Tribal Casino, remember to be careful and follow the laws of the sovereign state you are entering.
There are ways to go through the Tribal/Indian courts and maximize the case's value. You may do this by contacting an experienced attorney who has delivered such results. Contact your tribal personal injury lawyer to get more information.
This content serves educational purposes only. KAASS LAW's lawyers in Glendale, Los Angeles, CA, are authorized to practice law in California. We provide this information specifically for California residents. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability for actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW Personal Injury Attorneys help clients in Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar
The definition of abuse used under Civil Code section 1708.6 is actually defined under Penal Code section 13700. As per this Penal Code section, abuse means to intentionally or recklessly cause or attempt to cause bodily injury or place another individual in reasonable apprehension of imminent serious bodily harm o himself or another person.
Here are some examples of domestic violence:
Depending on the severity of any injuries and the defendant's criminal history, varying penalties may be imposed for convictions under California's domestic violence laws. Even for a first misdemeanor, several counties demand a minimum sentence of 30 days in jail. Additionally, they frequently stipulate that the defendant complete a 52-week domestic abusers course. Moreover, domestic violence conviction in California will remain on your lifelong criminal record. As a result, it could be challenging to obtain employment, pass a background check for any state professional certification, or qualify for other benefits.
The defendant, who is the person causing abuse to the plaintiff, may be liable for both compensatory as well as punitive damages. Additionally, the defendant may also be held to pay reasonable attorney’s fees.
Compensatory damages are money that is awarded to the plaintiff as a result of the loss plaintiff has suffered due to the negligent or unlawful conduct of another individual.
Punitive damages are money awarded to the plaintiff in addition to compensatory damages. Punitive damages are awarded as a form of punishment to those who engage in bad behavior. Additionally, it serves as an example to discourage others, as well as the defendant, from acting similarly in the future.
According to California Civil Code § 1708.6, the statute of limitations for civil domestic abuse cases is three years from the time the last abusive conduct occurred. If the abuse is still occurring, the plaintiff may be compensated for all earlier abuse committed by the same defendant.
If you or someone you know is facing a violation under Civil Code section 1708.6, contact our experienced attorneys at (31)943-1171 for a consultation.
In California, an injured person can bring a medical malpractice case against
A plaintiff must notify a potential medical malpractice defendant, including a doctor or other health care provider, of the plaintiff’s intention to file the lawsuit at least 90 days before the lawsuit is filed. (Cal. Code Civ. Proc. § 364.) The notice must include the legal basis of the claim, the type of loss sustained, and the nature of the injuries suffered. (Id.)
In California, a plaintiff has three years after the initial date of the injury to bring a personal injury claim connected to medical malpractice lawsuits. Though in case there is an issue in discovering that something happened, such as an injury that shows no signs of damage to the person's body, there is only 1 year after this plaintiff discovers the harm.
In California, patients who suffered as a result of medical malpractice can recover the following damages:
California medical malpractice laws may change at any time, so it would be best to get updated information from a Los Angeles medical malpractice attorney.
If you were harmed due to a healthcare provider's negligence, we invite you to get in touch with our Los Angeles medical malpractice attorney at (310) 943-1171 for a free consultation and case review.
Abuse can occur in many different forms, and it can be physical, emotional, or sexual. Physical abuse can include hitting, shaking, or burning a baby. Emotional abuse can include neglecting a baby's emotional needs, such as not providing a baby with love or affection. Sexual abuse can occur when a parent or caregiver sexually assaults a baby. Abuse can cause serious physical and emotional harm and lead to death.
Intentional harm can take many forms, including murder, manslaughter, or infanticide. It can occur when a parent or caregiver intentionally causes a baby's death, whether through direct actions or failure to act. Intentional harm is a serious crime and can lead to long-term imprisonment.
When a newborn's wrongful death occurs as a result of neglect, abuse, or intentional harm, it is a wrongful death. The legal ramifications of wrongful death can vary depending on the case's specific circumstances. In cases of neglect or abuse, the parent or caregiver may be charged with a crime, such as child abuse or neglect. In cases of intentional harm, the parent or caregiver may be charged with a more serious crime, such as murder or manslaughter.
Preventing the newborn involved in a fatal accident is crucial, and several steps can help prevent it. One of the most important steps is to be aware of the signs of neglect, abuse, and intentional harm. Parents and caregivers should also be aware of the risks of certain behaviors, such as shaking or hitting a baby, and they should avoid them.
Education and support are crucial to preventing the wrongful death of a baby. Parents and caregivers should have access to educational resources that teach them how to properly care for a baby and provide proper nutrition, medical care, and emotional support. They should also have access to support services, such as counseling, to help them manage the stress and challenges of parenting.
A wrongful death lawsuit can be filed by the family members of the deceased baby, typically the grandparents, against the responsible party, which in this case would be the parent who caused the death. In some cases, a legal guardian or representative of the baby's estate may also be able to file a wrongful death lawsuit. It's important to note that each state has different laws regarding who can file a wrongful death lawsuit. It's advisable to consult with a qualified attorney who specializes in wrongful death cases.
In conclusion, the wrongful death of a baby is a tragic and devastating event. family members of the deceased baby can take legal action against the responsible party. It's important to consult with a qualified attorney to understand the specific laws and options available in each case. Call us at 310.943.1171 or visit our website for other practices.